Communitarians, Neorepublicans, and Guns: Assessing the Case for Firearms Prohibition

http://i2i.org/SuptDocs/Crime/commun1.htm ^ | 3/14/03 | Maryland Law Review

[tpaine]

Introduction

It is high time for the federal government to outlaw gun possession by anyone except the police and the military, and to round up all firearms currently in private hands. Millions of Americans think so, but even the most aggressive of America's gun control groups have not been willing to advocate such a policy. Into the breach has stepped the Communitarian Network, arguably the most influential think tank in Washington. In a lengthy position paper, The Case for Domestic Disarmament (Domestic Disarmament), the Communitarian Network presents a forceful law-and-policy case for a gun-free America.

Domestic Disarmament is noteworthy because it is almost the only scholarly document arguing at length for confiscating all guns, rather than merely outlawing the future production of certain "bad" guns (such as handguns and so-called "assault weapons"). Domestic Disarmament is particularly important because it is a product of the Communitarian Network, the think tank that, far more than any other, has the ear of President Clinton and many other leading Democrats (and *440 some Republicans).
Moreover, Domestic Disarmament offers an entirely new vantage point from which to view the firearms issue--from the communitarian context, in which the individual's responsibilities to society are seen as more important than the unlimited exercise of rights.

This Article evaluates and responds to Domestic Disarmament and the Communitarian Network's gun prohibition agenda. In addition to discussing Domestic Disarmament, this Article considers David C. Williams's Civic Republicanism and the Citizen Militia: The Terrifying Second Amendment, which calls for a somewhat different communitarian approach to gun policy. Williams argues that the Second Amendment poses no impediment to any form of gun control on individuals, and in the long term, the government should revive the "well regulated Militia" and encourage citizen proficiency with arms and participation in communal defense organizations.

Part I of this Article provides an overview of communitarianism and the Communitarian Network and summarizes the argument of Domestic Disarmament. Part II inquires into whether domestic disarmament is enforceable and what communitarian problems may be raised by enforceability issues. Part III sketches a variety of possible solutions to the American gun dilemma, including the communitarian militia proposals of Williams.
Part IV briefly reviews the contribution that firearms ownership may make to public safety, and Part V closely scrutinizes Domestic Disarmament's conclusion that the Second Amendment presents no barrier to firearms confiscation.

For too long, the American gun control debate has avoided the most fundamental issues. The progun and antigun lobbies both agree that there are "good" gun owners and "bad" gun owners; the main issues concern drawing a line between the two and determining what kinds of measures should be used to keep the two groups separate. In addition, the antigun lobbies argue that there are good guns (many types of rifles and shotguns) and bad guns (handguns and assault weapons) and that no gun control policy should deprive good Americans of their good guns.

Nevertheless, none of the major policy groups participating in the American gun debate argues, as does the Communitarian Network, that America's gun policy should be modeled on Japan's, in which communitarian values prevail, guns are almost entirely prohibited, and gun violence is rare.

By forcefully raising the issue of whether any Americans should have guns at all, the Communitarian Network performs a great service by inviting inquiry into the most fundamental premises of the American gun control debate. In this Article, the authors hope to advance the inquiry begun by Domestic Disarmament.

[tpaine]

Very long article, lots of footnotes, well researched, -- and even gives rational counterarguments on the issue. Good reference work, but really hard to stomach the spin.

Take a good shot of your favorite calming agent before reading further.

[Sofa King]

"It is high time for the federal government to outlaw gun possession by anyone except the police and the military, and to round up all firearms currently in private hands. Millions of Americans think so,"

Yeah, and millions DON'T think so. But those people's rights never matter to liberals, do they?

[joesnuffy]

Of course liberals (and some repubs) would be happy to take care of the non compliant
seizing their assets in the process

[Ches]

BANG!

[Monty22]

Every sentence of this stuff is an offense to any thinking human.

I don't ever write web sites over this stuff, normally. I had to on this one.

This is one of the worst articles I've ever read.. I'm appalled.

[longtermmemmory]

Is the Maryland Law Review funded by our tax dollars?

Law students sad, just plain sad....

[Jagdgewehr]

Moreover, Domestic Disarmament offers an entirely new vantage point from which to view the firearms issue--from the communitarian context, in which the individual's responsibilities to society are seen as more important than the unlimited exercise of rights.

Not so. Basically the same ol' argument that been going on for the last 100 years.

[Abcdefg]

...the Communitarian Network, arguably the most influential think tank in Washington."

I never heard of 'em before this. They must preach to a very small choir.

[CFC__VRWC]

Moreover, Domestic Disarmament government regulation of conservative speech offers an entirely new vantage point from which to view the firearms issue of conservative bias in the media leading to the proliferation of hateful speech -- from the communitarian context, in which the individual's responsibilities to society are seen as more important than the unlimited exercise of rights.

The next logical step, IMHO. A nice quick edit, and goodbye First Amendment.

[glock rocks]

[LibKill]

Won't work. If a small percentage of (illegal) drug users can support a huge black market, just think of the black market in firearms. Firearms are a lot more popular than whacky-tabbaccy.

[1stFreedom]

"Come pry the gun out of my cold dead hand."

[AdamSelene235]

[FSPress]

What is happening is like playing a card game with the gun banners where no matter what the outcome of the game they get to play again. Every time they win you get screwed and then they set up for the next card game which you have to play. If they lose you win nothing and they set up for the next card game which you have to play. Now I don't have a problem debating with someone about things when we all agree on what freedom is and that is not the topic of debate. With these people we are debating whether we should be slaves or not and it seems to me that we shouldn't be debating with them nor having to worry about the next game of cards. Sometimes a direct approach is called for.

[kaylar]

From the Chapter "Nasty things may happen" : Armed Resistance:

As the specter of myriad American civilians fighting their own government to retain their gun rights were not troubling enough, there is evidence that at least some members of the armed forces would join the resistance. Many members of the armed services are gun culture types: they own firearms themselves, are convinced that Americans have the inalienable right to keep and bear arms, and they take an oath to defend the Constitution from every enemy, "foreign or domestic." [139] It is therefore likely that at least some in the military would not simply look the other way as the government attempted to enforce a policy of domestic disarmament. [140] A master's thesis studying the attitudes of American soldiers found that the large majority would not obey orders to fire on citizens who resisted gun confiscation. [141

The master's thesis may be located by googling 29 palms questionaire. It was posted to FR but has been nuked from the server IIRC .

[Ches]

Hum... What is the root word of communitarianism?

[qvack]

"It is high time for the federal government to outlaw gun possession by anyone except the police and the military, and to round up all firearms currently in private hands. Millions of Americans think so,"

You can add my name to the "I don't think so" camp. I don't claim authorship of the following - but it seems pretty much on point.



"I refuse to be a sheep. I refuse to let anyone have power over me. I am no vigilante, but I know that I have a right to be here as much as anyone else in the world, and some idiot who is looking for some quick cash for whatever reason is not gonna take me out without a fight.

Because the world has dishonest people, I carry.

Because the world has murderers and thieves, I carry.

Because they could be the next person I meet on the street, I carry.

And because I refuse to be a victim, I carry.

I will state without apology my belief in God and my right to keep and bear arms.

I will take charge of my own personal safety.

I will give myself a fighting chance by carrying my concealed weapon.

I will not depend on the government, the police, or others to protect me.

I will always obey the gun laws.

I will constantly be alert to my surroundings.

I will acknowledge and accept the responsibility of carrying a concealed weapon.

I will not take unnecessary risks because I am carrying.

I will promote and continue to fight for my right to keep and bear arms as an American.

And I will always, always, always carry."

[Dalite]

The master's thesis may be located by googling 29 palms questionaire. It was posted to FR but has been nuked from the server IIRC .

---

And if anyone doubts the the 29 Palms survey exists; I have a faxed copy of the actual survey from one of the sites that administered it.

[Wonder Warthog]

"Take a good shot of your favorite calming agent before reading further."

They lost me with the first word in the title--"communitarianism" being simply another alias for Communism. The TRUE agenda (Communism) having been pretty much discredited by the completely vicious and inhumane treatments of their own citizens, the advocates of Communist ideas now find it necessary to re-invent themselves under another name.

It is no surprise that "citizen (aka "domestic) disarmament" is high on the agenda, as failure to do so might result in resistance of said citizens when the government jack-booted goons come to arrest, torture, and/or kill them.

[Aarchaeus]

Every time they win you get screwed and then they set up for the next card game which you have to play. If they lose you win nothing and they set up for the next card game which you have to play.

That's because the wrong things have been allowed to be discussed. We need to pressure, force or coerce congress into evaluating firearm legislation the right way. Any debate should be about what regulations are to be repealed, and in what order.